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Increasingly during the past decade, industrious attorneys representing plaintiffs and policyholders have sought new ways to maximize recoveries against insurance companies. Establishing extracontractual liability arising out of professionals hired by [...]

The article discusses alternative fee arrangements (AFAs) also known as billing arrangements that allow the client and attorney to create a customizable billing framework to fit the needs of the client, attorney and matter. It mentions how AFAs has improved communication with clients as the attorney fees are disclosed at the inception of the representation.

In this article, the author offers suggestion for attorneys of Colorado for avoiding the mistakes when facing the legal malpractice claim including need to keep clients informed includes self-reporting, attorney unpaid fees or expenses and to make a settlement offer without the insurance consent.

The article explores the ways to reduce the risk of law malpractice claims in the U.S.; reports attorney's breach of a professional duty proximately causes damages; and suggests recognizing the difference between actual legal malpractice and a legal malpractice claims.

The article offers suggestions for the lawyers when a sue a client for unpaid fees for the prevention of legal malpractice. Topics discussed need to adopt the strategies which increase client compliance with payment requests, attorney and law firm will need to evaluate the benefit-to-risk ratio before filing a claim, and Colorado Rules of Professional Conduct permit an attorney to acquire a lien to secure the lawyer's fee or expenses.

The article discusses motions to disqualify addressed by Colorado courts against Colorado lawyers. Topics discussed include Colorado Rules of Professional Conduct that regulates client confidences, use of disqualification motions by an opposing party as litigation tactic, and disqualification motions involving a former client. It mentions disqualification motion addressed by Supreme Court and rules regulating attorneys from representing clients standing in court against former clients.

The article reflects on ethical and legal issues surrounding Colorado attorneys who conduct mediation. Topics discussed include the Colorado Model Standards of Conduct for Mediators that provides ethical guidance to attorneys who act as mediators, a duty imposed on a mediator under the Model Standards to conduct a mediation in an impartial manner and the Colorado Rules of Professional Conduct that provides guidance to attorney-mediators, and establishment of training standards for mediators.

The article focuses on the significance of waivers in resolving conflicts of interest. Topics discussed include a writing required by conflict waivers confirming the affected clients' informed consent, the difference between general waivers and limited waiver, and the Colorado Rules of Professional Conduct that regulates the use of informed consent for resolving conflicts. It also mentions the role of lawyers in seeking a client's waiver.

The article focuses on the importance of screening the clients first before their representation for avoiding the legal malpractice claims. Topics discussed include various standards of law practice for screening of clients, importance of proper questioning and cross examination in client's screening, and the role of the Standards of Professional Conduct as discussed by the U.S. District Court for the District of Colorado.

The article explore the ways to enforce alternative dispute resolution (ADR) provisions, including mandatory arbitration clauses, in retainer agreements and engagement letters in fee agreements. Topics discussed include advantages of ADR, the American Bar Association (ABA) ethical guidance for law firm use of mandatory arbitration clauses, and adding a severability clause in mandatory arbitration provisions.

The article discusses best practices considered by law firms to address issues of attorney's fees in Colorado. Topics discussed includes the advantages and disadvantages of arbitration to resolve fee dispute of attorney, an informal meeting between the client and law firm and proposing mediation by law firm before filing an action for attorney fees. Other topics include the fee arbitration offered by the Colorado Bar Association and importance of attorney-client relationship.

The article looks at the ways for effective billing and collection of fees for attorneys. Topics discussed include negotiating the fee before the client, documenting the fee arrangement, and sending bills regularly. It also suggests lawyers following up the unpaid bills and setting up law practice payments.

The article discusses problems to attorneys due to conflicts of interest, and challenges faced by them in resolving conflicts issues, and expands on the impact of conflicts of interest violations to attorneys including disqualification from client representation and unfavorable jury verdict and punitive damages to pay. Topics include identification of conflict prior to representation, considering both actual and potential conflicts, and conflict analysis ensuring compliance without exception.

The article focuses on various ways for reducing down the risks of legal malpractice claims. Topics discussed include various tips for reducing down the risk which include proper evaluation of the conflict for conflict management, importance of engagement letters for the protection of future claims, and the importance of maintaining client's confidence.

The article discusses several court cases including Crimson Trace Corp. v. Davis Wright Tremaine LLP and Stock v. Schnader Harrison Segal Lewis LLP, which discusses attorney-client privilege for in-house counsel communications. It mentions that Stock decision reflects a growing trend among state courts in rejecting the fiduciary exception to the attorney-client privilege .It also reveals need of steps to protect the privilege.